This book offers a wonderful overview of relevant case law, statutory provisions, and the nuances of the several types of information shared on the Internet. There is a complete section dedicated to the topic of file sharing. Schwabach defines file sharing as the sharing of files on one computer with other computers to which the computer is linked through some sort of network. According to the text, the legal problem created by file sharing is essentially copyright infringement.

This section of the book is great starting point for further research on the topic because there is a thorough history of relevant cases before file-sharing cases were prevalent. These cases often involved major corporations and copyright infringement issues. The text discusses the current state of law, as of the date of publication, and the treatment of file sharing before and after the recent file-sharing cases

This source is composed of two volumes of work by several professionals on various contemporary problems facing the music industry and the presence of music on the Internet. Although the text is from 2001, it provides a comprehensive background on the topic. Also, the collection of scholarly works and articles offers the viewpoints of intellectual law and entertainment law attorneys who focus on these issues.

Among the many articles included in volume one are: “The Consumer’s Right to Listen to Digital Music”, and “Using Music on the Web.” Volume two contains fewer articles, but contains several cases and briefs discussing the sharing of copyright materials, including the several cases involving file sharing pioneer Napster, Inc.

This book is designed to educate librarians on the complexities of copyright law and the implications for libraries. The contents include a part titled ‘Applying copyright in cyberspace’ and includes a section of file-sharing (also referred to as file-swapping). The section restates that there is nothing inherently wrong with file-sharing, but sharing copyright materials between users is problematic. At the time of the publishing of the book, the RIAA had filed legal actions based on copyright infringement against three file-sharing networks, some universities, and more than 2000 individuals.

This text provides a succinct description of the conflict between file-sharing and copyright infringement, with an emphasis on the DMCA and the implications for libraries. Libraries need to monitor computer and internet use to be certain that copyrighted materials, such as music files, are not be downloaded and shared on library computers. If the library is subpoenaed, pursuant to the DMCA, the library may face certain privacy and ethical issues, such as having to reveal the names of all individuals using library computers in at a certain time.

This website is the homepage for the RIAA, the Recording Industry Association of America. This group represents the U.S. recording industry and is often the plaintiff in file-sharing and piracy cases. RIAA members are the record companies that create, manufacture and/or distribute approximately 90% of all legitimate sound recordings produced and sold in the United States. The website claims that the U.S. recording industry accounts for fully one-third of the world market, generating an estimated $14 billion.

This website features several useful sources for information, including latest news, issues, and legal cases.

This is an excellent website for supporters of liberal file sharing, and for those in opposition to the RIAA. EFF is the Electronic Frontier Foundation, a nonprofit group consisting of attorneys whose mission is to protect digital rights. The site has several valuable features including a separate section for file-sharing and a free e-mail newsletter. The website contains current information as well as archives dating back to March 2004. Also, the website includes suggestions on how to remedy the conflict between the RIAA and file-sharing networks and hosts. Some of these articles include “Making P2P Legal” and “Making P2P Pay Artists.”

This article chronicles the results of a study conducted by the authors regarding the effect of music file-sharing and whether there is a harmful impact on CD sales. Oberholzer is a Harvard Business School associate professor and Strumpf is a University of North Carolina, Chapel Hill associate professor. The article claims to be the first such study to use information obtained from observing file-sharing networks, instead of surveying users about their sharing and purchasing habits.

In addition to the results of the music study, the article also suggests that there are other instances where free digital content has not harmed sales of the substitute. The Recording Industry Association of America (RIAA) responded by stating that the results were inconsistent with earlier findings.

This article was written by a partner in an Ohio law firm and provides an overview of the most important cases from 2004 and 2005 that are related to the Internet and intellectual property law. These broad topics include copyright infringement and file-sharing. Among the cases surveyed is a 2005 dispute between copyright holders and a peer-to-peer file sharing network that allowed users to exchange protected files.

This article would be a nice starting point for determining the Supreme Court’s recent jurisprudence on the issue of the Internet and file-sharing. The article provides a comparative look at the most recent file-sharing cases, and explains the difference between the methods used by each network provider that was relevant to the Court’s respective holdings. For example, in the first case the defendant hosted the sharing of files through a central server controlled directly by the software provider, whereas the second defendant in a later case utilized a decentralized network of users' computers, thus claiming that they did not have actual knowledge of any unlawful activity by unknown users.

This article presents an outstanding synopsis of the history of both the recording industry and record sales, as well as the brief history of file-sharing. The author chooses this layout for the article because he links the two to demonstrate that file-sharing has had a negative impact on record sales. According to a study cited in the article, estimates suggest that, at the high end, up to 60 million Americans have used peer-to-peer networks, and that perhaps as many as 5 billion music files are downloaded by Americans in a typical month. However, more reliable studies reveal that in 2004 there were 225 million music files downloaded in the United States.

This article provides an interesting perspective into the social acceptance of knowingly violating copyright laws by file-sharing. Feldman is a professor of law at Bar-Ilan University in Israel, and Nadler is a professor at Northwestern University School of Law, and a research fellow for the American Bar Foundation. The article avoids the lengthy discussion of the affect file-sharing may have on the recording industry, and instead focuses on a more theoretical approach to the problem.

The authors elaborate on the idea ‘the gap between law and norms.’ In essence, the article suggests that there is a gap between the law, which prohibits the practice of file sharing of copyrighted materials, and social norms, which are permissive toward file sharing. Among the reasons identified in the article for creating this ‘gap’ are the perceptions of legality of file-sharing by users, the perception that the industry is being greedy, the accessibility of the free Internet, and the ability to experiment with new music without first buying it.

In 2003, the Senate Committee on the Judiciary conducted hearings on the use of file-sharing networks and the drawbacks to the technology. The Committee heard testimony from several witnesses regarding threats to personal privacy and computer security. Testimony was given by Congressman Tom Davis Congressman Henry Waxman, and the president of MediaDefender, Inc., Randy Saaf, among others. Senators Orrin Hatch and Patrick Leahy also made statements.

Among the problems stated during the hearing were: spyware and adware programs attached to files; private business and political records; medical records; completed tax returns with social security numbers and names; confidential legal documents such as attorney-client communications and living wills; and child pornography. The Committee noted the ability of these programs to search through unsuspected users’ computers to find private information, even e-mail inboxes.